Ghana’s Supreme Court has in a 5-2 majority decision dismissed a suit challenging the eligibility of Mr Martin ABK Amidu as Special Prosecutor.
The Court which did not give reasons for their decision indicated to the lawyers of all parties that they could pick up the written verdict from the court’s registry.
The seven-member panel of the apex court presided over by the Chief Justice, Justice Annin Yeboah, has by this decision legitimized the position of Mr Martin Amidu.
The suit was filed by former Deputy Attorney General, Dr Dominic Ayine who contended that Mr Amidu, being 66 years, is too old to hold public office, and as such cannot be the Special Prosecutor.
He, therefore, sought a declaration that per the interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution, the retirement age of all holders of public offices created pursuant to Article(1)(d), is 60 years, thus Mr Amidu is not qualified or eligible to be nominated as the Special Prosecutor.
However, after the case had travelled since February 2019 to date, the highest court gave its verdict with Justices; Anin Yeboah, Bafffoe Bonnie, Marfo Sau, Nene Amegatse and Prof Ashie Kotey voting for the dismissal of the case.
Two Justices; Sulley Gbadegbe and Agnes Dodzi however dissented.